Practice question
A defendant omits a compulsory counterclaim through excusable neglect and timely seeks the leave to amend authorized by Rule11 Section10 before judgment. The opponent says Rule9 Section2 forbids every possible cure. Which is best?
- No omitted claim can ever be addressed
- The counterclaim wins automatically
- Leave is unnecessary in every case
- The court must ignore Rule11
- The bar must be read with the Rules’ authorized amendment mechanism; the court must assess the stated grounds
Legal references
- Rules9 Section2 and11 Section10: https://lawphil.net/courts/rules/rc_1-71_civil.html
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